South Carolina Code of Laws
Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act
Section 40-60-330. Registration; requirements.

(A)(1) A person may not directly or indirectly engage or attempt to engage in business as an appraisal management company, or directly or indirectly engage or attempt to perform appraisal management services, or advertise or hold himself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the board under the provisions of this chapter.
(2) To register as an appraisal management company, an applicant shall submit to the board an application on a form or forms prescribed by the board.
(3) In the event that a registration process is unavailable upon the effective date of this article, an appraisal management company already conducting business in this State may continue to conduct business pursuant to the article until one hundred twenty days after a registration process becomes available.
(B) The registration required in subsection (A) must include:
(1) the name of the entity seeking registration;
(2) the business address of the entity seeking registration;
(3) contact information of the entity seeking registration;
(4) the name and contact information for the company's agent for service of process in this State if the entity seeking registration is not a corporation that is domiciled in this State;
(5) contact information for an individual, corporation, partnership, or other business entity that owns ten percent or more of the appraisal management company;
(6) the name, address, and contact information of a controlling person;
(7) certification that the entity seeking registration has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a certification or license in good standing in this State pursuant to the South Carolina Real Estate Appraisers Act;
(8) certification that the applicant has a system in place to review the work of all certified or licensed appraisers who are independent contractors and perform real estate appraisal services for the appraisal management company on a periodic basis to validate that the real estate appraisal services are being conducted pursuant to Uniform Standards of Professional Appraisals Practice;
(9) certification that the entity maintains a detailed record of each service request that it receives and the certified or licensed appraisers who are independent contractors and who perform the real estate appraisal services for the appraisal management company;
(10) an irrevocable consent to service of process;
(11) a detailed statement of current financial condition of the entity on a form approved by the board or a surety bond in an amount not to exceed fifty thousand dollars, whichever the registering appraisal management company selects;
(12) authorization for the board to conduct a criminal background check of all controlling persons and any individual who owns ten percent or more of the appraisal management company; and
(13) certification that the person has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion, as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, 15 U.S.C. Section 1639e.
(C) A change of an entity's name, address, organizational status, or federal identification number must be reported to the department within fifteen days. Failure to do so may result in registration cancellation and the requirement of the new entity to submit an initial application and meet all requirements for registration.
(D) The board shall review and approve or deny the registration of an appraisal management company.
(E) The registration requirement provided in subsection (B)(11), whether a financial statement or a surety bond is selected, does not apply to individual appraisers or individual appraisers serving on an appraisal panel of an appraisal management company. Appraisal management companies shall be responsible for any cost of a surety bond as required by subsection (B)(11).
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017; 2018 Act No. 197 (S.877), Sections 1 and 3, eff May 15, 2018.

Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
Effect of Amendment
2018 Act No. 197, Section 1, in (B)(11), added "or a surety bond in an amount not to exceed fifty thousand dollars, whichever the registering appraisal management company selects" at the end.
2018 Act No. 197, Section 3, added (E), providing exceptions to registration requirements.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act

Section 40-60-5. Citation and application of chapter; conflict with Article 1, Chapter 1, Title 40.

Section 40-60-10. South Carolina Real Estate Appraisers Board.

Section 40-60-20. Definitions.

Section 40-60-30. License requirement; exceptions.

Section 40-60-31. Qualifications.

Section 40-60-32. Application forms.

Section 40-60-33. Educational and applicable experience requirements.

Section 40-60-34. Identification numbers; requirements relating to apprentice appraiser and appraiser supervising apprentice; temporary permits for appraisers licensed in another state; retaining copies of appraisals; issuance of license following re...

Section 40-60-35. Continuing education requirements; exceptions.

Section 40-60-36. Approval of courses, educational providers and instructors; instructor workshops.

Section 40-60-37. Reciprocal applications from appraisers from other jurisdictions; consent of nonresident appraiser to South Carolina court jurisdiction.

Section 40-60-38. Adoption of and conformity to national standards of professional appraiser practice.

Section 40-60-39. Conformity of education and other requirements to those established by federal statutes and regulations.

Section 40-60-40. Appraiser contact information; notification of change of address or telephone number; service of notice.

Section 40-60-50. Administrative support; lists of licensed and certified real estate appraisers; fees.

Section 40-60-70. Code of ethics.

Section 40-60-80. Investigation of complaints and violations; stays; appeal.

Section 40-60-90. Power to administer oaths.

Section 40-60-100. Restraining orders and cease and desist orders.

Section 40-60-110. Grounds for denying license or taking disciplinary action.

Section 40-60-115. Board jurisdiction.

Section 40-60-120. Fines and penalties; delivery of notice of revocation or suspension; consent orders.

Section 40-60-130. Grounds for denial of license or discipline.

Section 40-60-140. License denial based on prior criminal record.

Section 40-60-150. Voluntary surrender of license.

Section 40-60-160. Appeal.

Section 40-60-170. Investigation and prosecution costs.

Section 40-60-180. Collection of costs and fines.

Section 40-60-190. Confidentiality of investigations and proceedings; privileged communications.

Section 40-60-200. Advertising or engaging in business of appraising without license; penalties.

Section 40-60-210. Injunctive relief; fine.

Section 40-60-220. Continuation of existing licenses.

Section 40-60-230. Severability.

Section 40-60-310. Short title.

Section 40-60-320. Definitions.

Section 40-60-330. Registration; requirements.

Section 40-60-340. Exclusions from registration requirements.

Section 40-60-350. Renewal of registrations.

Section 40-60-360. Promulgation of regulations to establish fees for registration, renewal, and reinstatement; national registry fees.

Section 40-60-370. Requirements for owners of appraisal management companies applying for registration.

Section 40-60-380. Designation of a controlling person; notification of changes.

Section 40-60-390. Requirements for employees and independent contractors of appraisal management companies.

Section 40-60-400. Certification or licensure required for employees and independent contractors.

Section 40-60-410. Good standing with board required for certified or licensed appraisers.

Section 40-60-420. Record-keeping requirements for registration renewal.

Section 40-60-430. Criminal background checks for appraisers.

Section 40-60-440. Unprofessional conduct by employees, directors, or agents of appraisal management companies.

Section 40-60-450. Payment for completions of an appraisal or valuation assignment.

Section 40-60-460. Appraiser's consent required to modify report; use of appraisal reports.

Section 40-60-470. Disciplinary action for violations of this article.

Section 40-60-480. Investigations and disciplinary proceedings; notice requirements.

Section 40-60-490. Board authorized to issue restraining orders.

Section 40-60-500. Jurisdiction.

Section 40-60-510. Grounds for denial of registration.

Section 40-60-520. Denial of registration; prior criminal conviction.

Section 40-60-530. Voluntary surrender of registration; public disclosure.

Section 40-60-540. Review of board decision by the Administrative Law Court.

Section 40-60-550. Confidentiality of investigations and proceedings; communications privileged.

Section 40-60-560. Civil actions; additional penalties.